- The Law Offices of Russo & Russo, P. A. - Pinellas Criminal Defense Weblog

DUI Checkpoints Not Always Legal

Earlier this year, interim Pinellas County Sheriff Bob Gualtieri announced that his office would be conducting at least one DUI Checkpoint per month in 2012. Our office has found that Gualtieri has followed through with his promise. His focus on impaired drivers is in stark contrast to previous years when budgetary cuts caused a significant drop in enforcement. (See our earlier blog: Pinellas County DUI Arrests Slashed by Fifty Percent.)

Since this announcement, the Pinellas County Sheriff’s Office has conducted a number of DUI Checkpoints. The location of these checkpoints has typically been the heavily trafficked areas of US 19 North in Clearwater, St. Petersburg, Pinellas Park and Palm Harbor.

Are DUI Check Points Legal?

The Fourth Amendment of the United States Constitution protects citizens against warrantless searches or seizures. A seizure can be characterized as a stop of your automobile. However, a law enforcement officer may stop a citizen without a warrant if he or she observes a violation of Florida’s traffic laws or has a “reasonable suspicion” that the individual committed a crime, is committing a crime, or is about to commit a crime.

So how is it that a police officer can lawfully stop and detain a motorist at a DUI Checkpoint where he has not seen any violations of Florida’s traffic laws nor observed any conduct prior to the stop suggesting the driver was involved in unlawful activity? This issue has of course been raised in the appellate courts. Both the United States and Florida Supreme Courts have deemed  DUI Checkpoints constitutional by finding that the government’s interest in deterring impaired driving “outweighs” the intrusion to the public. In so finding, the United States Supreme Court considered three factors:

1) What is the legitimate government interest that will be served by the roadblock?

2) What is the degree to which the seizure will benefit that public interest?

3) What is the severity of the intrusion to the public?

A Valid DUI Checkpoint Must Eliminate Discretionary Police Conduct

To limit the intrusion to the public, Florida Courts have found that law enforcement must abide by written guidelines that limit the discretion of the officers in the field to prevent arbitrary enforcement. (See our earlier blog: DUI Roadblocks and Sobriety Checkpoints in Pinellas County, Florida.)

Recently, the Second District Court of Appeal reinforced this requirement by stating:

“The requirement of written guidelines is not merely a formality. Rather, it is the method this Court and others have chosen to ensure that the police do not act with unbridled discretion in exercising the power to stop and restrain citizens who have manifested no conduct that would otherwise justify an intrusion on a citizen's liberty. In this country the police are not vested with the general authority to set up "routine" roadblocks at any time or place. Rather, law enforcement was placed on notice by our holding in Jones that the stopping and detaining of a citizen is a serious matter that requires particularized advance planning and direction and strict compliance thereafter.”

Deviation from the Written Guidelines Can Result in Dismissal of the DUI Charge

Where a DUI Roadblock plan allowed the supervising deputy discretion to “adjust” the written guidelines while conducting the checkpoint, the Court found that stops related to that plan were unconstitutional. See Guy v. State, 993 So.2d 77 (Fla. 2d DCA 2008). Likewise, a checkpoint was unlawful where the written guidelines failed to address the criteria to be considered by the checkpoint supervisor in making a determination to adjust the frequency of traffic stops. State v. Luke, 14 Fla. L. Weekly Supp. 882 (Fla. Nassau Cty. Ct. July 2, 2007). Even if a DUI roadblock is started before the time that it was scheduled to start, the subsequent stop of an automobile at the checkpoint is unlawful. Campbell v. State, 679 So.2d 1168 (Fla. 1996).

Are Pinellas County DUI Checkpoints More Effective in “benefiting the public interest” then Routine Patrols?

Our office has reviewed the results of some recent Pinellas County Checkpoints and uncovered the following Statistics:

· December 16, 2011 DUI Checkpoint conducted at 370 Alt. 19 in Palm Harbor netted six (6) DUI arrests;

· December 17, 2011 DUI Checkpoint conducted at 26996 US Highway 19 North in Clearwater resulted in only four (4) arrests for DUI; and

· April 27, 2012 DUI Checkpoint conducted at 4501 66th Street North, Kenneth City, FL 33709 resulted in only four (4) DUI arrests.

To put these checkpoint figures in perspective, consider the following routine patrol statistics:

· On December 9, 2011, the Friday before the December 16th DUI Checkpoint, the Pinellas County Sheriff’s Office alone made ten (10) DUI arrests;

· On December 10, 2011, the Saturday before the December 16th Checkpoint, the Pinellas County Sheriff’s Office made nine (9) DUI arrests;

One might argue that law enforcement’s time is more effective in enforcing DUI laws when the police personnel are on routine patrol or in the alternative, conducting a “Wolfpack” operation. (A “Wolfpack” is a saturation of Sheriff’s Deputies patrolling the streets of Pinellas County specifically looking for persons who appear to be impaired while driving.) Keep in mind, that for an officer to conduct a traffic stop while performing his duties associated with a “Wolfpack,” he or she must first observe a traffic violation or have a reasonable suspicion that the motorist has committed a crime. It should be pointed out that our office discovered that in a recent DUI Wolfpack operation, the Pinellas County Sheriff’s Office made seven (7) DUI arrests.

Carefully Examining the Checkpoint in Your Case

Our firm is well-versed in defending the rights of clients arrested at DUI Checkpoints. it is a standard practice of our DUI Defense team to obtain a copy of the written guidelines for the DUI Roadblock via a “public records request” to the law enforcement agency that conducted the stop. At times our careful review of these guidelines will reveal flaws in the plan itself, or in how the DUI checkpoint written operational plan was carried out. Any issues associated with the sufficiency of the written guidelines or the administration of the DUI Checkpoint may result in your DUI Charge being dismissed or the State agreeing to reduce your charge from a DUI to a Reckless Driving.

There are a number of important issues that should be evaluated in deciding whether a roadblock stop was constitutional:

• Did the DUI roadblock begin and end at the times specified in the written plan?
• Did the written DUI checkpoint plan sufficiently limit law enforcement’s discretion in selecting which vehicles were to be stopped?
• Did each officer at the DUI checkpoint have limited discretion in the duties they were assigned and in the duties that they carried out?
• Were some officers required to carry out more than one duty assignment?
• Did the written plan allow for more than one duty to be assigned to a single officer?
• Did the written DUI roadblock plan specifically indicate how the roadblock was to be staffed and by what agencies?
• Were any of the duty assignments specified by the written plan left vacant at the scene?
• Was there any officer who carried out a duty that wasn’t described in the plan at all?
• Did law enforcement have limited discretion to call additional officers to the scene or to expand the scope of the investigation after stopping a vehicle?

If you have been stopped or arrested at a DUI Checkpoint, these are important questions that must be answered. If any question on this list can be answered “No” there is a potential constitutional problem with  the roadblock. If law enforcement failed to strictly comply with the plan or exercised too much discretion, Florida law may very well mandate the exclusion of any evidence gathered against you. You need an experienced and knowledgeable attorney to examine your case and to determine if the stop of your vehicle at a DUI checkpoint was legal.

We Can Help!

If You Have Been Arrested for a DUI at a Sobriety Checkpoint…Put Our Experience as DUI Attorneys to Work for You!
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Discuss Your Options & Possible Solutions With a Qualified Lawyer

Related Links:

How to Evaluate the Strengths & Weaknesses of Your DUI Case
Mobile Breath Testing at a DUI Checkpoint
Pinellas County St. Petersburg / Clearwater DUI Penalties

Making a Difficult Decision After an Arrest for DUI

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Florida’s Intoxilyzer “Source Code” and the DUI Double Standard

Florida’s “Implied Consent law” mandates that if you “refuse” to submit to an approved breath test after being arrested for DUI, you will suffer an automatic administrative suspension of your privilege to drive.  In fact, on the front of your Florida Driver’s License you will see a reference to the “Implied Consent” law. It says: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”

Florida’s courts have taken this one step further by ruling that a driver’s refusal to submit to Intoxilyzer testing can be introduced against him at trial by the prosecutor to show his “consciousness of guilt.” You will typically see this card played in closing arguments. The Assistant State attorney looks solemnly at the jury and says “ladies and gentlemen, we know why the defendant refused the breath test, in spite of the fact that his license would be suspended… (dramatic pause)… it was because he knew that if he blew into the machine, he would fail. His refusal to submit to a breath test shows his consciousness of guilt!”

On the other hand, although a refusal to submit to a breath test may carry a driver license suspension, it can also deny law enforcement the opportunity to gather additional incriminating evidence to further assist the prosecutor in securing a conviction. In cases where the underlying driving is not too bad, the accused looks decent on the video taped field sobriety tests, and he smartly avoids making incriminating statements, a “refusal” to submit to the Intoxilyzer can often provide your criminal defense attorney with an opportunity to negotiate a reduction to reckless driving. That is why, despite the threat of driver’s license sanctions, about 41% of Florida drivers arrested for DUI decline the breath test. Florida ranks third in the nation with the highest “refusal” rates.

Florida Expects Full Cooperation of Drivers Arrested for DUI                   

The government expects drivers to submit to breath testing and even imposes penalties for those who refuse to participate in furthering the police investigation. The approval of this practice by our courts is premised on the “legal fiction” that driving is a “privilege” and not a “right.” At the same time, it must be remembered that breath test evidence is typically accorded great weight at a DUI trial. The argument that a driver’s refusal was premised on his “consciousness of guilt” seems to fly in the face of fundamental constitutional principles. More specifically, our system of justice seems to have momentarily forgotten that the State has the burden of proof in criminal cases and that the accused neither has an obligation to prove his innocence, nor disprove his guilt.

Consider this scenario…

A local St. Petersburg resident gets out of work around 6 p.m. He and several co-workers stop by a popular sports bar for a quick beer before going home to their wives and kids. After consuming a single bottle of Budweiser, our target gets in his car and is innocently driving home. (After all, it is not against the law to drink and drive. It is only against the law to consume so much alcohol that your normal faculties are impaired, or that you are operating the vehicle at the presumptive breath alcohol level of .08 or above.) While en route home, a Clearwater police officer stops him, alleging that he “failed to maintain a single lane of travel.” The citizen complies with all of the officer’s requests that he perform roadside field sobriety tests, but to his great surprise, he is ultimately arrested for “driving under the influence.” At the police station, the driver voluntarily submits to breath testing. His cooperation is premised on his good faith belief that he cannot possibly be over the legal limit, since he only consumed a single beer. But, to his astonishment, the machine spits out a .09 B.A.C., which puts him over the legal limit.

The Standard Jury Instruction for Driving Under the Influence provides:

If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

As you can see, our driver is now faced with a presumption of guilt that is preordained by a machine. Determining the accuracy of the Intoxilyzer thus becomes paramount to achieving a just and fair determination of his guilt or innocence.

Just Trust Us…The Breath Test Machine is Okey Dokey!

What if the State of Florida or its witnesses have potentially exculpable evidence in a DUI case, yet “refuse” to disclose it? Without a sanction, such conduct certainly appears to represent a double standard. Yet, that is precisely what the the manufacturer of the Intoxilyzer 8000 has been up to for years. This breath testing machine relies upon computer software which is commonly referred to as the “source code.” This source code consists of lines of computer “language” that instructs the device on how to properly function. An elementary example of a line of code in the machine’s source code might be “IF ‘R’, THEN Display ‘REF’.” In other words, if the breath test operator presses the “R” button on the keyboard, the instrument is instructed to record the breath test as a “Refusal.”

A criminal defense attorney in Florida’s panhandle is amusingly fond of saying, “without the Source Code, the Intoxilyzer 8000 would be nothing more than an expensive paper weight.” This analogy drives home the point of just how important the source code is to the operation of the breath testing machine. Yet, police officers who routinely request breath samples typically have no idea what the source code is. In fact, most have never even seen the inside of an Intoxilyzer. This is because the rules for breath testing promulgated by the Florida Department of Law Enforcement (FDLE) prohibit any internal inspection of the mechanical and electrical components inside of the Intoxilyzer by law enforcement personnel.

Despite the critical importance of source code to the accuracy of breath testing, criminal defense attorneys in Florida have been forced to tirelessly litigate in their efforts to seek the release or inspection of the Source Code. Such requests have been met with both opposition from prosecutors and evasive conduct on the part of the machine’s manufacturer. Despite court orders demanding release of the Source Code and the imposition of daily coercive fines for the company’s failure to so comply, there has been much reluctance to release the code. The company contends that its “intellectual property” is at risk if the source code is revealed

With its back against the wall and court fines mounting, late last year the manufacturer finally allowed several Florida attorneys and computer engineering experts to examine the source code for the Intoxilyzer 8000. During this controlled examination (all parties had to sign non-disclosure agreements prior to the viewing), the engineers discovered that the manufacturer was no longer in possession of the “primitive versions” of the source code. The company’s chief engineer explained that the source code notes for versions 8000.0 through 8000.13 had simply been lost. (Imagine Bill Gates saying that he had simply “lost” the computer code for the poorly received “Windows ME” operating system.) 

It is important to note that in Florida, the Intoxilyzer 8000 currently runs on software labeled 8000.27. Yet, when the machine was originally inspected and approved for use in Florida by the Department of Transportation, the instrument subject to testing and review utilized one of the “primitive source code” versions. Accordingly, the source code version that was approved for use in Florida can no longer be examined by defense experts because it has been conveniently lost by the manufacturer. 

Despite not having this code, the experts pushed on and continued the examination of source code versions 8000.26 and 8000.27. During this viewing, it was determined that a mechanical component of the machine known as the “Digital Signal Processor” or “DSP,” had its own source code. The defense expert timely asked the manufacturer for the opportunity to review the DSP source code. Given the past history, it was no surprise that this code was produced 50 minutes after the inspection session was over. This evasive conduct begs two questions:

1. What does the manufacturer of the Intoxilyzer 8000 have to hide?

2. Does the conduct on the part of the manufacturer suggest a consciousness  of guilt?

Criminal defense attorneys continue in their pursuit of the inner workings of the Intoxilyzer 8000 and a full report by computer engineering expert, Harley R. Myler is expected shortly. In the mean time, breath testing admissibility continues to be subject to great scrutiny on the part of Criminal Defense Attorneys. There are a host of areas that an experienced lawyer can find non compliance with Florida Law.

Consider Just a Few Lines of Attack:

• Was the Breath Test Machine used in your case registered with the Florida Department of Law Enforcement pursuant to Florida Administrative Code 11D-8.003(2);
• Was the Intoxilyzer 8000 subject to annual inspections by the Florida Department of Law Enforcement each calendar year that it has been in use for evidentiary breath test collection pursuant to Florida Administrative Code 11D-8.004(3);
• Was the instrument timely checked for routine calibration by the “Agency Inspector” once per each calendar month since the machine has been placed in service pursuant to Florida Administrative Code 11D-8.006(1);
• Do the results from the calibration checks show that the accuracy of the machine is in substantial compliance with the provisions of the Florida Administrative Code pursuant to Florida Administrative 11D-8.002(1);
• Was the breath test operator properly certified to conduct evidentiary breath tests on persons accused of drunk driving pursuant Florida Administrative Code 11D-8.002(17);
• Was the person who performed the monthly inspections of the calibration of the Intoxilyzer 8000 properly trained and licensed to conduct routine maintenance checks pursuant to Florida Administrative Code 11D-8.002(5) and 11D-8.008(2);
• Was there a sufficient volume of breath sample (1.1 liters of air) introduced into the Intoxilyzer 8000 which is necessary to return a scientifically reliable test result pursuant to Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission, Breath Test Operator Course, Section 3.7, Page 13.
• Were there two breath samples obtained by law enforcement pursuant to Florida Administrative Code 11D-8.002(12);
• Were the two breath samples collected within fifteen minutes of one another pursuant to Florida Administrative Code 11D-8.002(12);
• Were the numerical breath test results of the two breath samples within .02 grams of alcohol per 210 liters of breath pursuant to pursuant to Florida Administrative Code 11D-8.002(12); and
• Did the Agency Inspector and Breath Test Operator timely receive “continuing education” to renew his or her permit as required by Florida Administrative Code 11D-8.008(3) and 11D-8.008(4).

About the Author:

Criminal defense attorney Timothy Sullivan has a wide-range of practical experience in the defense of DUI cases. His background includes a focus on the specialized and unique training law enforcement officers rely upon when making a DUI arrest. As a former Pinellas prosecutor, Tim learned street-level DUI enforcement tactics from the inside.  He quickly rose through the ranks of the local State Attorney’s office and was selected to run the North County Traffic court division. Tim was thereafter promoted to “Lead Trial Assistant” and supervised other Assistant State Attorneys in their prosecution of DUI cases. He went on to serve as an Adjunct Professor for the. Florida Public Safety Institutes DUI Program at Tallahassee Community College

Tim has invaluable insight into the strategies often employed by both police officers and prosecutors. He completed the same specialized DUI education and training that law enforcement officers attend by achieving certification to operate the Intoxilyzer 8000. However, his training did not end there.  Tim went on to acquire  “state inspector certification” necessary to review the maintenance and calibration of breath testing machines before they can become legally employed by a police department to gather evidence in DUI cases.

Tim received a scholarship from the University of North Florida to attend the “DUI Drug Recognition Expert Program.” There, he studied alongside DUI Squad Officers in the complex area of Drug-Impaired Driver detection.  In addition, Tim has received advanced training in DUI Defense at the National College of DUI Defense at Harvard Law School. His intimate knowledge of his adversary’s strategies and tactics can translate into valuable insight used for the benefit of his clients in court.  

If you have been charged with a DUI in St. Petersburg, Clearwater, or any area within Pinellas County, Tim Sullivan is a defense attorney well qualified to help.

See: Why Choose Us to Help With Your DUI Charge?

Have You Been Arrested for a DUI in Pinellas County?

Call a Team of Former State Prosecutors!
Committed to  Preserving Your Driving Privilege

St. Petersburg & Clearwater Area DUI Arrests:

Review our DUI website: www.duistpetersburglawyer.com
Access Our Criminal Defense website at: www.defensehelp.com

Free consultations: (727) 578-0303

Related Links:

How to Safeguard Your Driving Privilege After a Pinellas DUI Arrest
How to Get Your Drivers License Back After a DUI Arrest
How to Get Assistance Securing a Hardship License
How to Evaluate the Strengths & Weaknesses of Your DUI Case

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What Happens if a Police Officer Fails to Show at a DHSMV Formal Review Hearing?

When a driver in Florida is arrested for DUI, the Florida Department of Highway Safety, Division of Drivers Licenses imposes a 6 month "administrative" drivers license suspension for a .08 breath test or above. The suspension period is bumped to one year if the motorist refused to submit to the Intoxilyzer machine.  This suspension is in addition to the Florida minimum mandatory DUI penalties the driver would suffer if he were to be convicted of the offense in court.

However, the U.S. Constitution provides for "due process," which generally means the government cannot take a property interest from you without an opportunity for your attorney to be heard at a hearing where he can raise defenses and challenge the government's intended action. In the case of these DUI related administrative suspensions, this due process right translates into what is called a "DHSMV Formal Review Hearing."

Although requesting a Formal Review Hearing typically results in the issuance of a temporary driving permit, this hearing should not be confused with a business or employment hardship license hearing. The purpose of a Formal Review Hearing is to challenge the administrative suspension, whereas a hardship license hearing typically takes place after a driver has been convicted of the DUI in court and he seeks limited driving privileges during his court imposed drivers license suspension period.

Lawyers across the state often express frustration at the manner in which these DHSMV Formal Review hearings are sometimes conducted. DHSMV Hearing Officers are neither lawyers or judges. In fact, they have no formal legal training and yet are expected to rule on complex issues of law. This shortcoming can often result in rulings that are inconsistent with Florida statutory law or appellate court decisions. An unjust ruling can necessitate an appeal to the Circuit Court, where a panel of three "authentic" judges reviews the action of the DHSMV to decide if the DHSMV Hearing Officer's decision should be overturned.

Sometimes, even after being directed by the Circuit Court to "clean up their act," the DHSMV will continue down the same course of inappropriate rulings. Not only can this be frustrating to the attorneys, but it can be equally exasperating to the court system. See two appellate court opinion excerpts below that illustrates this point:

"This court finds on this record a Due Process violation so obvious that Respondent (DHSMV) should have recognized it. This court is concerned about repeated Due Process violations by Respondent at Formal Review Hearings on administrative drivers license suspensions even after entry of opinions in this circuit identifying those violations and granting certiorari."

_The Honorable L. Haldane Taylor, Brown v. Department of Highway Safety and Motor Vehicles, (Fla. 4th Cir. Ct., September 13, 2003)

"This court is cognizant of the consistent pattern of Due Process violations by the Department of Highway Safety and the Bureau of Administrative Reviews in this circuit. Previous warnings, including prior orders, have gone unheeded. Prior orders awarding attorney's fees and costs have had no affect. Thus, the sanction of imposing attorney's fees under these circumstances is an appropriate remedy for DHSMV's repeated bad faith and inequitable conduct."

_The Honorable Charles O. Mitchell, Jr., Lovely v. Department of Highway Safety and Motor Vehicles (Fla. 4th Cir. Ct., Nov. 1, 2004)

Our office handles a large number of Pinellas County (St. Petersburg / Clearwater) DUI cases in criminal and traffic court. (See: Why choose us to help with your Pinellas DUI.) We also routinely challenge the administrative suspensions at the DHSMV level. Sometimes, a law enforcement officer (often the arresting police officer) is subpoenaed to appear at the DHSMV Formal Review Hearing, but fails to show. In the past, an officer “no show” was an automatic win for the driver. As a result, his administrative drivers license suspension, caused by a .08 B.A.C. or above, or his administrative suspension caused by his refusal to submit to the Intoxilyzer would be invalidated.

However, the DHSMV has now taken the position that the officer's failure to appear no longer causes an automatic win for the driver. Instead, the motorist's attorney is expected to seek enforcement of the subpoena through the Circuit Court in a "show cause" hearing. To commence this ancillary and corrective proceeding, the driver is required to pay a $400.00 filing fee with the Clerk of Court. The DHSMV, in turn will grant an extended driving permit for the motorist to continue lawfully driving until after the matter is heard by the court and remanded back to the DHSMV. As unfair as this may sound, Circuit Court judges will limit their involvement to typically reprimanding the police officer for his failure to appear and instruct him to properly show up at the next DHSMV hearing. 

Our view is that the policy taken by the DHSMV is clearly inconsistent  with a ruling on May 20th, 2011 in Pfleger v. State of Florida, DHSMV which was decided by the Pinellas Circuit court acting in its appellate capacity on May 20th, 2011. The court in Pfleger found that  is improper to require the motorist to seek relief in the form of a "show cause" hearing. The court further stated that when a material witness fails to comply with a subpoena that commands his attendance at a  DHSMV formal review hearing, DHSMV must rule in the driver's favor and invalidate the administrative suspension.

Our office has recently filed an appeal to the Pinellas County Circuit Court requesting the court to order the DHSMV to reimburse our client for attorney's fees and court costs due to the DHSMV's failure to follow the Pfleger decision. It is our belief that if the DHSMV is sanctioned financially, the agency will thereafter correct its future rulings to the benefit of our future and current clients.

This example is but one scenario arising out of the DHSMV administrative review hearing. There are a multitude of legal and factual issues that can be explored by our office in seeking to overturn an administrative driver license suspension. Throughout the years, our office has handled hundreds of these hearings. As a result, we have developed a keen eye for identifying the issues and arguments that may lead to getting your driver's license back.

Have You or a Relative Been Arrested for a DUI?

Call a Team of Former State Prosecutors!
Lawyers to Help Preserve Your Driving Privilege

For St. Petersburg / Clearwater DUI Arrests:

See our DUI website for more info at: www.duistpetersburglawyer.com
See our Criminal Defense website at: www.defensehelp.com

Free consultation With a DUI Defense Lawyer : (727) 578-0303

 

What  Qualifications to Consider When Selecting a DUI Attorney

 

Related Links:

Learn about Florida DUI Hardship License Tips
How to evaluate the merits of a Florida DUI Case
Getting an Immediate Head Start after being Arrested for DUI
Info for Out of Town Drivers arrested in St. Petersburg / Clearwater

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Florida Appellate Court Says Police Can't Use Search Warrant to Get Blood From Motorists Who Refuse Breath Test

Back in October of 2009, our office reported that Florida law enforcement had begun a practice of using a search warrants to secure blood evidence of drivers arrested for DUI, but who had refused to submit to Intoxilyzer testing. See: New Police Methods Being Employed to Reduce Number of Intoxilyzer Refusals.

Here is how the police practice worked

If a motorist refused to submit to Intoxilyzer testing at a DUI roadblock, the arresting officer would summarily crank out an affidavit requesting the issuance of a search warrant to extract a sample of the driver's blood for laboratory blood alcohol analysis. The mobile breath testing vans were equipped with  laptop computers, pre-loaded with search warrant affidavit "templates." 

• The arresting police officer would then sign the affidavit attesting to the officer's observations of impairment to establish probable cause;
• The document would be  faxed  to a local judge. In some cases, a judge would conveniently be onsite of the coordinated DUI checkpoint operation;
• After the judge signed the warrant, law enforcement would transport the motorist to a local hospital where a licensed phlebotomist would extract a blood sample.

Getting breath or blood bolsters DUI conviction rate

The Pinellas County State Attorney's Office is well aware that securing a conviction for a DUI is much easier when their prosecutors are armed with breath or blood alcohol evidence. Florida law presumes that a motorist is impaired if his blood or breath alcohol level is a .08 or above at the time he is operating or in actual physical control of the vehicle. For this reason, criminal defense lawyers are often on the look out for methods to keep the breath test evidence out of court.

The penalties for a DUI conviction in Florida and the automobile insurance ramifications that often follow a conviction are tough. Although refusing a breath test could subject a driver to an administrative suspension of his privilege to drive, criminal defense attorneys often find such cases to be better candidates for a reduction down to the lesser offense of reckless driving. The use of search warrants in "refusal" cases represented a bold move to address the number of motorists who were choosing to refuse the breath test and to bolster the conviction rate for arrests.

Court tells law enforcement search warrants won't work

Thanks to a recent court decision, the practice of using a search warrant to secure blood alcohol evidence after a routine misdemeanor DUI arrest, may be a thing of the past. On may 27, 2011 the Fifth District Court of Appeal in State v. Gregory Geiss (Case Number 5D10-3292) announced a prohibition on the practice of using search warrants saying "...blood cannot be drawn based upon probable cause that a suspect has committed misdemeanor DUI in light of the plain language of section 933.02, Florida Statutes."

Not every defense lawyer can draw on the same level of background & experience when defending a DUI charge

A lawyer lacking proper training and experience will be challenged in his efforts to represent a client charged with a DUI. These cases typically involve multiple forums, diverse areas of the law and even the need for a scientific background. 

DHSMV civil administrative hearings, are utilized in an effort to fully restore driving privileges and to secure hardship drivers licenses. Likewise, a proper evaluation of any Pinellas county DUI case entails much more than just a close review of the field sobriety tests and the police report.

Breath test evidence should never be summarily considered to have been lawfully obtained or even reliable. A proper inquiry needs to be made into the licensing of both the police officer who administered the breath test and the agency inspector responsible for verifying the calibration of the intoxilyzer.

Some DUI cases may involve impairment alleged to be attributed to drugs or medication. In those cases, Florida's "Implied Consent" law permits law enforcement to request a urine sample from the arrested motorist. A DUI defense attorney's preparation would therefore also entail the review of pharmacology reports generated by the Pinellas County Medical Examiner's Office.  See: "Urine testing...is it reliable evidence in a DUI case?" In other cases, a client's prior DUI convictions could serve to subject  a motorist to enhance penalties and even mandatory incarceration.

The bottom line....if you are arrested for DUI, you should carefully review the qualifications of the lawyer you are considering to represent you. You only have one opportunity to defend the charge and a lifetime to live with the results.

Consider the qualifications of the lawyers in our office

• Former State Prosecutors
• Certified Breath Test Operators
• Certified Intoxilyzer Inspector
• Certified in the proper administration of Field Sobriety Tests
• Served as Adjunct Professor - DUI Program
• Completed DUI Drug Recognition Expert Course
• NHTS DUI Gold Standards Committee Member
• Completed Masters of DUI Program
• President of Meta Progress, Inc. Makers of
  DUI Pro Software
• Graduates National College of DUI Defense at Harvard Law School
  

Watch our Video on our DUI Defense Qualifications

Arrested for DUI in St. Petersburg / Clearwater / Pinellas County Area?

We can help!

Free consultation: (727) 578-0303

Visit our DUI site at: www.duistpetersburglawyer.com
Visit our Criminal Defense site at: www.defensehelp.com

Related Links:

NHTSA Study on Use of Warrants for Breath Test Refusals
Our DUI Breath Test Museum
Why Choose Us to Help With Your DUI?
For DUI Defense Attorneys Only
DUI Frequently Asked Questions
Florida Ignition Interlocks
New Strategy Being Used in Florida for DUI Evidence 

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Don’t Let a Pinellas Arrest Ruin Your College Spring Break Experience

As college students begin arriving in droves, finding law violators can be like “fishing in a barrel” for local police along Treasure Island, Sunset Beach and nearby “Caddy’s on the Beach.” Unfortunately, each Spring, many students “arrive on vacation” and “leave on probation.”

Local Residents Pressure Police for Greater Enforcement

Treasure Island residents have grown weary of dealing with what they describe as disruptive and often intoxicated crowds. The City Commission has been under pressure to react to these complaints by progressively escalating the police presence in the area. Heated complaints at city commission meetings and YouTube videos depicting spring breakers’ antics and the resulting disturbances drove the passage of new city ordinances that banned glass containers and beer kegs from Sunset Beach.

Police to Take a “No Nonsense” Approach

Law enforcement has not been shy in announcing that there will be a “heavy police presence” and “high police visibility” as thousands of youth descend on Pinellas county’s beach communities. This extra effort is being made to both deter unlawful activity and to apprehend those observed committing criminal offenses.

In most cases, students are not simply given a “notice to appear” in court for their law violation. Rather, they are arrested by law enforcement who adopt a zero tolerance policy during this enormous social gathering and party scene. Local police departments have theorized that an arrest, as opposed to, a “notice to appear” will send a strong message to other spring break attendees that inappropriate conduct will be dealt with in a firm and immediate fashion.

Location of Stepped-Up Enforcement

Caddy’s on Sunset Beach will be the obvious epicenter of police activity. However, the Treasure Island Police Department intends to extend their active patrol to the north of that location all the way to Sun Vista Park. The agency intends to also focus on the beach area to the south of the popular bar and restaurant.

Surreptitious Surveillance Techniques to be Employed

Local police are anxiously awaiting the arrival of “Spring Breakers.” You can anticipate DUI checkpoints along Gulf Boulevard and the deployment of an increased number of uniformed police officers and marked cruiser. But surveillance won’t end there. The Treasure Island Police Department will be using undercover patrol officers who are casually dressed in an effort to better blend in with the throngs of beach goers. Undercover officers working alongside Florida Division of Alcohol and Tobacco agents will target underage drinkers. The Treasure Island Police Department has also installed high resolution video cameras in close proximity to Caddy’s and the Treasure Island drawbridge. These are monitored by additional personnel back at police headquarters. For example, after a highly intoxicated person is spotted on video, a radio dispatch is sent to officers at the location to further investigate.

Arrested Students Often Make a Bad Situation Worse

When a college student is arrested and incarcerated while on Spring Break, they often perceive it to be a devastating event in their life. Many young people will have two immediate objectives in mind:

1. Keeping their parents from finding out; and

2. Getting released as soon as possible from the Pinellas County Jail

Unfortunately, in their haste to achieve these two objectives, the young person will often take a bad situation and make it worse. Here is why…

Without the benefit of advice from a family member who possesses greater life experience, the student will often seek to resolve the case as quickly as possible without considering the long term ramifications. This is a tremendous mistake.

In our experience, we often deal with cases where the morning after an arrest a student will plead “guilty” or “no contest” to the charge at his in-custody “advisory hearing.” He is typically motivated to do so when the judge indicates that in exchange for his admission to the offense, the judge will summarily impose a “time served” disposition or sentence. What this means, is that the case will be officially concluded and the college student’s sentence will be the jail time he has already served. When the student hears that this course of action will result in his immediate release from jail…he can’t help but jump at the opportunity. It is only sometime later that the student suddenly realizes that he now must suffer the consequences of a having “criminal conviction” on his record for the rest of his life. Many young people who contact us are surprised and dismayed to learn that their decision to enter a plea to a criminal charge at the first court date, without the advice of a lawyer, have now placed themselves in a situation where they have acquired a permanent criminal record. Clearly, having a criminal record places a young person, who may just be starting their higher education or career at a tremendous disadvantage when one considers that background checks are now routinely conducted on persons applying to college, a postgraduate institution or for employment.

What to Do if You are Arrested During Spring Break

1. Be polite and courteous with law enforcement. Avoid being disrespectful or confrontational. Your attorney can often later use your positive attitude to your advantage;

2. Have a friend or family member contact a local criminal defense attorney who is knowledgeable and experienced in handling cases for out of town offenders;

See also: How to handle a call from a family member or friend from the jail

3. Ask the lawyer about securing an R.O.R. (Release on your own recognizance) which if granted by the court, would cause you to be released from jail without the need to post a cash or surety bond;

4. Discuss with the attorney your eligibility for entry into a diversion program such as "Pre-Trial Intervention" or "PTI" that will result in the dismissal of the criminal charge. In the alternative, ask the lawyer about a withholding of adjudication, which would avoid a formal conviction;

5. Ask your attorney about ways that your case may be resolved without your need to return to Florida to attend court.

6. Talk to your lawyer about ways you can avoid post arrest publicity;

7. Tell the attorney you want to make every effort to resolve your case in such a way that you will thereafter qualify to have your criminal arrest sealed or expunged.

We Routinely Represent College Students on Charges Including:

• Disorderly Conduct
• DUI
• Theft
• Possession of Marijuana
• Possession of Drug Paraphernalia
• Driving on a Suspended Drivers License
• Criminal Mischief
• Felony Drug Possession
• Open Alcohol Container
• Possession of Alcohol by Person Under 21 years of age

Helping the Out of Town Client and the First Time Offender

Our office is accustomed to helping people who reside out of town and have been charged with a criminal offense in Pinellas County or are first time offenders. In many situations, we can often resolve the case without the need for our client to return to the State of Florida. In addition, we make every effort to avoid conviction, avoid jail, and to safeguard our client’s criminal record from the background checks that employers routinely conduct.

Arrested During Spring Break in Treasure Island or St. Pete Beach?

We are local Pinellas County criminal defense lawyers who regularly represent college students, tourists and out of town business clients facing criminal charges.

You can contact our office for a free consultation at: (727) 578-0303

Visit our Criminal Defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Related Links:
Treasure Island Police Blotter
Sixteen Residents Sue Caddy's Beach Bar
Judge's Ruling Threatens Off-Site Parking for Caddy's
Florida Agents Arrested 1,092 Underage Spring Break Drinkers in 2010
Understanding Your Miranda Rights
Avoid a Spring Break Arrest - Take a Free Taxi

2010 Fox News - Pinellas Crack Down on Spring Break Crime

Technorati Tags: Treasure Island,Sunset Beach,Caddy's on the Beach,spring Break,police,notice to appear,arrest,Sun Vista Park,underage drinkers,college students,advisory hearing,out of town offenders,diversion programs,PTI,criminal,seal,expungement,charges,alcohol,witholding,adjudicationconviction

Bad Santa

 

Sometimes Santa is a little more naughty than nice. In fact,  his sleigh might just be filled with stolen property or abducted children.

Around this time of the year, there is often an influx in the amount of crimes committed by the jolly old man in a bright red suit. Consider the following crimes recently committed by Santa and his elves. These offenses might make you think twice about closing your chimney flue, guarding your wallet and keeping a close eye on your children.

Who’s Lap is Your Kid sitting on?

Parents all over the nation take their children to local Malls every year to get a picture taken on Santa’s lap. Hopefully the screening process for choosing these Santas is thorough, since there some "Santas" out there with some serious character flaws.

Santa & Rudolph Abduct Child

In Columbia, South Carolina, a man dressed as Saint Nick abducted an 8-year-old girl from a gas station right in front of her parents. The man, dressed as Santa, was fueling his motorcycle at a gas station when he struck up a conversation with the girl’s family and showed off his Rudolph stuffed-animal riding in the sidecar. After a brief exchange, the pseudo-Santa ended up driving away with the small girl in his sidecar. The girl’s family gave chase to the kidnapper and was successful in retrieving their daughter, uninjured. The not-so-jolly kidnapper explained that he "got caught up in playing the role of Santa" and allegedly had no intention of kidnapping the little girl.

Santa Walks Neighborhood Stalking His Prey

Children associate Santa  with good times and presents. Luckily, a little girl in Ohio was weary enough to be suspicious of a man dressed as Santa that approached her while she was on her way to school. As the 12-year-old girl walked to her school for children with special needs, a man dressed as Santa grabbed her and attempted to kidnap her in broad daylight. Thankfully, the student was able to break free of Santa’s grasp and run into a local convenience store. Situations like this illustrate the level of awareness and caution that need to be instilled in children in order to keep them out of the hands of predators that often go to great lengths to lure children to them.

Lawmakers in Florida understand the inherent danger that a sexual predator armed with a Santa Claus costume could pose to children, and recently created a statute that specifically forbids such conduct. Florida Statute 947.1405(12)(b) prohibits convicted sex offenders from dressing like Santa Claus, the Easter Bunny, or any other costume that might appeal to children.

Does Santa Carry a Gun?

Last year in Nashville, a thief dressed as Santa Claus held a bank teller at gunpoint and robbed a SunTrust Bank branch. As if a man dressed as Santa brandishing a sidearm and committing a bank robbery was not strange enough, the thief was reported by witnesses as being in a "jolly mood" and told the bank teller that "he had to pay his elves." 

Interestingly enough, if  the man dressed as Santa was convicted of committing this offense in Florida, he would face stiffer penalties for wearing the costume. That is to say that the State would be able to seek a harsher sentence due to the fact that the perpetrator had concealed his identity, albeit in a Santa costume. Florida Statute 775.0845 states that any criminal offense committed while the offender wears a hood, mask, or any other device that conceals their identity, shall be reclassified to the next higher degree. This means that a second-degree felony committed by Santa would then become a first-degree felony.

When Santa Drinks more than just Milk with his Cookies

Most people would agree that Santa Claus has a pretty tough job, with his burdensome task of delivering presents to children around the world. One Santa decided to unwind with a few drinks. A Wisconsin man dressed as St. Nick was cited for drunk driving last year after he drunkenly stumbled out of his vehicle in front of a group of children and proceeded to ask if "anyone knew where his reindeer were." Despite his advanced state of inebriation, he apparently was able to maintain his character part. His conduct an open container of alcohol lead to a DUI investigation. 

Although the ramifications of a reindeer powered DUI are unclear, an intoxicated motorist in a Santa garb could clearly face a license suspension, an ignition interlock device and even possible time spent in the Pinellas County Jail.  Mrs. Claus would probably not take kindly to that!

Arrested for an offense in Pinellas County? We Can Help!

We are experienced criminal defense lawyers who regularly handle theft, drug related offenses, DUI, and other related offenses arising out of the St. Pete /Clearwater area. Visit our website to learn about possible solutions.

Contact our office for a free consultation with an attorney at:
(727) 578-0303

Visit our general criminal defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Links:

The case of crimes against Santa
Getting Your Pinellas Charge Dismissed through a Diversion Program
Santa Arrested for Child Porn
Children Cry as Fake Santa arrested
St. Petersburg / Clearwater Arrests of Out of Town Tourists
Drunk Santa Arrested after Kicking Cop
Getting Probation in Pinellas County
Shopping Mall Santa Arrested for Internet Stalking
Avoiding Post Arrest Publicity After a Pinellas Arrest
Wal-Mart Santa Arrested for Exposing Himself to Boy

Drunk Santa Arrested

 

Technorati Tags: Santa Claus,crime,criminal,kidnap,sex offender,bank robbery,Florida,sentence,mask,felony,DUI,license suspension,jail,Pinellas County,attorney,lawyer,St. Petersburg,Clearwater

Florida Prescription Drug Data Base Delayed by Corporate Wrangling

In 2009, the Florida Legislature established a new program that requires doctors, pharmacists and others who dispense certain prescription medication (such as oxycontin, oxycodone, hydrocodone,  diazepam, alprazolam, percocet and vicodin) to enter the information into a state monitored prescription database. Proponents of the database have fought for its implementation to battle Florida's nation-wide reputation as a "pill mill." They have also been motivated by last year's record 2,488 prescription drug overdose deaths as reported by Florida Medical Examiner's Office.

Once the prescription database goes live, Pinellas prosecutors are predicting a sharp rise in their caseloads for criminal charges associated with Felony Drug Possession, Doctor Shopping, Prescription Fraud and Drug Trafficking.  In addition, it is anticipated that the Pinellas County Drug Court will likewise have its resources stretched.

Grant Funds Up for Grabs

To fund the purchase of the massive computer database, implement the program and then train the medical professionals,  Florida lawmakers are using part of a 65 million dollar federal grant that was awarded to state governments in 2005. By law, the Florida Department of Health was required to begin tracking prescriptions no later than December 1st, 2010. After Auburn, Alabama's Health Information Designs Inc. won the contract to provide the service in July, everything seemed to be on track to meet the December deadline. After all, the company was founded back in 1976 and had a proven history of providing prescription drug monitoring and related clinical support services for clients in twenty-five states. Timely bringing Florida up to speed didn't seem likely to be a problem... until now.

To the Victor Goes the Spoils

It seems that corporate competitor, Optimum Technology, Inc has just filed a protest to the State's method of awarding the Prescription Database contract. Optimum alleges that the method of scoring bids and awarding the contract was unfair. An initial hearing before an administrative law judge has been set for September 24th, 2010. State Senator, Mike Fasano has indicated, that as a result of the litigation, implementation of the program is sure to be delayed until at least January or February of 2011.

Echoes of the Past

This "corporate wrangling" is eerily similar to what took place with Florida's Ignition Interlock legislation and the ultimate award of a lucrative service contract to the private sector in 2003. At that time, Alcohol Countermeasure Systems (ACS) had been awarded the contract to provide ignition interlock devices to all drivers convicted under a DUI law that provided for new penalties. Under the exclusive terms of the contract, ACS would provide service service / installation centers and lease their proprietary ignition interlock device to drivers all across Florida. However, competing provider, Lifesaver Interlock, Inc., who had lost the bid, filed a formal protest (Lifesafer Interlock, Inc vs. DHSMV, Case No: 03-2726BID). This had the result of delaying implementation of Florida's Ignition Interlock Program. Subsequent mediation in September of 2003 resulted in a compromise agreement. Under the "settlement," the state of Florida was split in half, with Lifesaver providing interlocks to the northern residents of Florida and ACS awarded counties situated in the southern portion of the State.

Solomon's Wisdom Unlikely to Prevail

The "splitting the baby" solution is unlikely to solve our current dilemma. That's because a prescription database requires a single seamless system of computers linked by a common server. Its sole purpose is to marry independently owned and operated doctor's offices and pharmacies into a single record keeping family to prevent the abuse, misuse and diversion of controlled substance prescription medication. As a result, you can count on further litigation and delay.

Have You Been Arrested for...
Doctor Shopping, Prescription Fraud, Drug Trafficking, Possession of a Drug Related Offense?

We are experienced St. Petersburg / Clearwater criminal defense attorneys. We are very familiar with the defense of prescription fraud (Fla. Stat. 893.13(9)) and doctor shopping cases (Fla. Stat. 893.13(7)) that involve controlled substances such as Oxycontin. Our practice is limited exclusively to criminal cases arising out of Pinellas County and we regularly appear in Pinellas county's drug court. Our office realizes how addiction can play a major role in motivating theses offenses. We also know how efforts toward your rehabilitation can serve as a great mitigating factor in dealing with the charge. We can deliver sound advice and offer a strategy that is directed toward avoiding conviction, avoiding jail, & obtaining drug treatment.

Contact our office for a free consultation at: (727) 578-0303

Other Links

Governor Charlie Crist Prescription Database Information
Alliance of States With Prescription Monitoring Programs
National Association of Drug Diversion Invstigators
National Center on Addiction & Drug Abuse at Columbia University
Charged with Possession of Drug Paraphernalia?

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DUI Enforcement Takes to the Skies

The tried and true method of issuing speeding tickets typically entails a officer in a police cruiser using radar or a laser to track your vehicle's speed. But, last year, fixed wing Cessna aircraft piloted by law enforcement issued approximately 45,000 Florida traffic citations. About 38,000 of those infractions involved speeding violations.

A Simple Stop Watch

Unlike apprehending speeders on the ground, catching them in the air does not involve any radar or laser equipment. Instead, operators of these traffic control planes rely on a stopwatch and fixed points of distance measurement on the road. Armed with these fairly simple tools, pilots are able to measure how fast a car travels from point "A" to point "B" and calculate how fast that driver was going. If the driver is speeding, the pilot merely radios down to ground support, directing them to pull over the suspect vehicle.

An Eye in the Sky

But don’t let the simple stop watch fool you. While these pilots might be engaged in catching speeders most of the time, they are still on the lookout for drunk drivers. Captain Matt Walker, the Florida Highway Patrol’s chief pilot, says that there are about 150 arrests made each year where pilots have spotted impaired drivers and thereafter radioed their fellow officers who have effectuated an arrest.

Pilots can tell if a vehicle is being operated erratically or if it fails to drive in a single lane. They are also able to spot aggressive driving or even vehicles that are being operated to slowly given the posted speed limit and traffic pattern. This "eye in the sky" can often give them a unique perspective; almost akin to the camera angle of the Goodyear Blimp focusing on the football action down below.

What Happens Next

If the motorist is ultimately arrested for DUI, he may even be subject to "on the spot" mobile breath testing, which arguably lends greater credibility to the results since the breath test samples are secured in close proximity to the motorist's time of driving. If the DUI impairment is suspected to be related to drugs,as opposed to alcohol, Florida's Implied Consent Law will mandate the driver provide a urine sample or suffer the administrative suspension of his privilege to drive for twelve months. However, a lawyer can challenge these administrative suspensions at a DHSMV hearing

If You Are Arrested For DUI...

Getting charged with a DUI can lead to complex consequences and can, justifiably, be a very difficult time in someone's life. The most pressing issue is getting your drivers license back. If you are arrested for DUI in St. Petersburg, Clearwater, Gulfport, Largo, or other city within Pinellas County, we can help. We can explain the necessary steps needed to safeguard your driving privilege. We can also do a thorough evaluation of your DUI case and explain all of your options.

The penalties connected to a DUI conviction in Florida have continued to become increasingly severe after each legislative session. As such, somebody convicted of their first DUI may now face a long list of counseling requirements, a DUI instruction course, community service, fines and in some cases even the installation of an ignition interlock device on their vehicle. Additionally, there are numerous other "side effects" of being convicted of DUI, including high insurance premiums and mandatory driver's license suspensions.

We are Former State Prosecutors Who Have Learned Street Level DUI Enforcement Tactics From the Inside - We Can Help!

Russo & Russo are attorneys representing clients charged with DUI and other criminal offenses arising out of St. Petersburg, Clearwater, and all other areas of Pinellas County.

Call Us For a Free Consultation: (727 578-0303

Visit All of Our DUI Website Pages at: www.duistpetersburglawyer.com

Comprehensive Pinellas Defense Website: www.defensehelp.com

Other Links:

Why Choose Us to Help in Your DUI Case
Florida Highway Patrol 2004 Aviation Report
DUI and Pilots

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St. Pete's 3AM Bar Closing Will Likely Translate Into More DUI Arrests

Earlier this year, the St. Petersburg City Council followed Pinellas County’s lead and voted to extend the city’s maximum bar hours from 2 A.M. to 3 A.M. Although the Council’s decision to extend “closing time” by one hour might seem mundane, there may be some cause for concern.

Bar owners and others in support of the extension argued that the extension would be good for St. Petersburg and Pinellas County establishments as a whole since it would allow them to compete with Hillsborough County establishments for crucial night and weekend business. Proponents of the extension also argued that the extension should result in fewer impaired drivers and fatal crashes, since the Pinellas patrons would no longer have to travel long distances late at night and over the Howard Franklin and Gandy bridge to visit bars in Hillsborough County.

However, St. Petersburg Police Chief Chuck Harmon recently told the St. Petersburg City Council that the expanded bar hours have made a huge impact on both calls to the station and the deployment of Officers, particularly in the busy downtown area. Since the new hours recently took effect, the St. Petersburg Police Department reports that it has recorded 228 calls directing officers to specific tasks in the downtown area between midnight and 3 A.M. This number represents a dramatic increase in the number of calls from the same time period before the extended hours took effect; previously the department received 14 calls that directed officers to specific tasks concerning the downtown area. The department also states that it received more general calls for service following the ban as well; those calls rose to 332 from 245 prior to the extension.

The department's early statistic's do not directly support MADD's position that the longer operating hours of these drinking establishments translates into more impaired drivers on Pinellas County roadways. But, they are clearly reflecting increased police activity and arrests. Nevertheless, it is important to note that a 2007 study from the National Highway Traffic Safety Administration, revealed that the largest percentage of impaired drivers involved in a fatal crash occurred between the hours of 12 AM and 3 AM.

You can bet that those sobering statistics along with St. Pete's extended bar hours have the increased number of local patrol officers on high alert for impaired drivers.These officers will be stopping motorists by the score. They will be subjecting them to videotaped roadside field sobriety tests and those who fail will face the difficult choice of deciding whether to submit to intoxilyzer testing.

Bottom line: When we saw Police Chief Chuck Harmon's recent comments...we could read between the lines.

The Law Office of Russo & Russo represent clients charged with DUI offenses arising out of St. Petersburg, Clearwater, and all other areas of Pinellas County. We are former state prosecutors and lawyers who are breath test operators. You can count on our attorneys to closely  scrutinize the evidence in your case. Free Consultations: (727) 578-0303

Visit Our Extensive DUI Website at: www.duistpetersburglawyer.com

For All Other Criminal Defense Matters: www.defensehelp.com

Watch Our Video: To learn about how our training in field sobriety testing and breath testing can help. We can properly evaluate your Pinellas County DUI case and discuss efforts to reinstate your driving privilege. Some clients have DUI cases that are good candidates to have the charge reduced to reckless driving. In other situations, where the evidence may be stacked against  you, we can show you how "Getting a Head Start" through early preparation by attendance at DUI school & accomplishing other tasks before court could save you time and money.

Other Links:

Clearwater, Other Pinellas Cities to Decide Bar Hours
Largo Allows Alcohol Sales Until 3 AM
Atlanta Considers 4AM Bar Closing Time
DUI Frequently Asked Questions
Florida's DUI Penalties
Learn about Florida's Ignition Interlocks

Technorati Tags: St. Petersburg,Clearwater,Pinellas,Bar hours,DUI,Impaired driving,police,attorney,lawyer,field sobriety tests,breath testing,intoxilyzer,reckless driving

New Florida Laws & Pinellas County Criminal Court Trends

 

In Florida 45% of the people arrested for DUI refuse to submit to the intoxilyzer?

Although refusing to submit to the intoxilyzer carries a one year drivers license suspension, it may make your case a suitable candidate for your lawyer to negotiate a reduction to a "reckless driving" charge since it deprives the prosecutor of evidence that you were over the legal limit. (Of course, a person who appears impaired on video performing roadside field sobriety tests, will most likely be found guilty of the offense despite the absence of breath test evidence.) The Florida Legislature is currently discussing whether to attach all DUI penalties to a refusal to submit to the breath test. This is an effort by the Florida Legislature to curb the high refusal rate and to prevent impaired motorists from side stepping DUI sanctions. Click Here to learn more about whether to take roadside field sobriety tests.

Did You Know...
Funding issues have greatly decreased Pinellas County DUI arrests this year?

The disbanding of the Pinellas County Sheriff's Office DUI "Selective Traffic Enforcement Unit" has resulted in 900 fewer arrests so far this year. See our previous blog "Pinellas County DUI arrests slashed by 50%" In addition, there have been layoffs at all local law enforcement agencies resulting in less patrol officers. Fewer arrests have translated into fewer people on probation. As a result, our office has learned that the probation office that supervises offenders has recently closed its offices on Mondays, reduced its staff from 67 to 40 employees and is overseeing a caseload that has dropped from from 4500 to 3300 cases.

Did You Know That New Florida Laws...

1.) Require you to ride your bicycle as close as practical to the right?
2.) Allow you to display your motorcycle tag in a perpendicular fashion?
3.) Allow you to mount your GPS device on your windshield?
4.) Allow Multiple DUI Offenders with a lifetime drivers license suspension to now secure  a hardship drivers license when they have an ignition interlock device installed in their motor vehicle and ten years have elapsed since their fourth DUI conviction?
5.) Requires anyone now convicted of a DUI offense to maintain minimum insurance of 100/300 and provide provide proof of same to the Florida Department of Highway Safety & Motor Vehicles, Division of Drivers Licenses or face a drivers license suspension?

Did You Know...
Our local Pinellas County Judges have been ordering persons charged with alcohol related offenses to wear high-tech "SCRAM" alcohol bracelets?

Celebrity Lindsay Lohan wears one, and it's not a fashion statement. The "SCRAM"  "Secure Continuance Remote Alcohol Monitoring" ankle bracelet can detect whether an individual has consumed any alcohol by sampling perspiration on the skin. If the bracelet detects that the individual has consumed alcohol, it has a wireless component that promptly alerts a monitoring company who then notifies the court system that the offender has "fallen off the wagon." Recent advances in this technology have allowed this device to not only serve as an alcohol monitor, but also as a tracking device that will insure compliance with house arrest provisions.

Did You Know...
Currently, Florida drivers operating solely under the influence of the sleeping medication "Ambien" can not be prosecuted for DUI?

The news media is filled with wild accounts of strange behavior while people are under the influence of Ambien. Our office has likewise found these incidents to include "sleep driving." But the current status of Florida DUI law requires the prosecutor to prove that the driver was under the influence of either alcohol or a "controlled substance." Remember...DUI is not just an alcohol related offense. As a result, DUI arrests often involve urine testing for controlled substances. Nevertheless, Florida law does not currently classify Ambien as a "controlled substance." As a member of Pinellas County's  DUI Gold Standards Committee we learned that the legislature is doing everything possible to quickly close this loophole. Read our article on defending DUI cases involving Ambien. Click here for tips on how to further evaluate the elements of a DUI case.

Additional Links:

Click here to learn how we can safeguard your driving privilege after a DUI arrest.

Click Here to read about how we can help you get your hardship license after a DUI arrest.

Russo & Russo represents clients facing  DUI charges out of St. Petersburg, Clearwater, and other areas of Pinellas County. As former state prosecutors and breath test operators, we know how to  closely  scrutinize all of the evidence in your case.

Free Consultations: (727) 578-0303

Click Here for a Video of our DUI Qualifications

Get Pinellas County DUI Legal Help at: : www.duistpetersburglawyer.com
Possible Criminal Defense Solutions:  www.defensehelp.com

Technorati Tags: Pinellas,St. Petersburg,Clearwater,Lawyers,Attorney,DUI,Ambien,Intoxilyzer,reduced to reckless driving,penalties,scram,video,ignition interlock Device,urine testing